City Council

411 West First Street City of Duluth Duluth, Minnesota 55802 Meeting Agenda - Final-revised City Council MISSION STATEMENT: The mission of the Duluth City Council is to develop effective public policy rooted in citizen involvement that results in excellent municipal services and creates a thriving community prepared for the challenges of the future. TOOLS OF CIVILITY: The Duluth City Council promotes the use and adherence of the tools of civility in conducting the business of the council. The tools of civility will provide increased opportunities for civil discourse in order to find positive resolutions to the issues that face the city. These tools include: pay attention, listen, be inclusive, do not gossip, show respect, be agreeable, apologize, give constructive criticism and take responsibility. [Approved by the council on August 25, 2003] Monday, November 9, 2015 7:00 PM Council Chamber ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 1. 15-083 Bruce Snyder, et al. (276 signatures), communication opposing the rezoning of Morgan Park High Schooland the mass building of rental projects (15-092-O). Attachments: MorganParkCommunication REPORTS FROM THE ADMINISTRATION REPORTS OF BOARDS AND COMMISSIONS 2. 15-079 Heritage preservation commission minutes of May 26, July 28 and August 25, 2015, meetings. Attachments: May 5, 2015 July 28, 2015 August 25, 2015 City of Duluth Page 1 Printed on 11/9/2015 City Council Meeting Agenda - Final-revised November 9, 2015 3. 15-080 Planning commission minutes of June 9, July 14 and August 11, 2015, meetings. Attachments: June 9, 2015 July 14, 2015 August 11, 2015 4. 15-081 Duluth transit authority minutes of August 26, 2015, meeting. Attachments: Minutes 5. 15-082 Duluth public utilities commission resolution establishing 2016 fees (15PUC-007). Attachments: 15PUC-007 REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD MOTIONS AND RESOLUTIONS CONSENT AGENDA COMMITTEE 1 BY COUNCILOR HANSON (PURCHASING & LICENSING) 6. 15-0769R RESOLUTION APPROVING ISSUANCE OF A ONE DAY OFF SITE GAMBLING PERMIT TO PIEDMONT HEIGHTS HOCKEY ASSOCIATION. COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 7. 15-0768R RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA. Attachments: Exhibit A City of Duluth Page 2 Printed on 11/9/2015 City Council Meeting Agenda - Final-revised November 9, 2015 8. 15-0774R RESOLUTION APPROVING A PROPERTY DEMOLITION AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF DULUTH. Attachments: Property Demolition Agreement 9. 15-0776R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION OF REAL PROPERTY FROM RONALD KROLL AND JENNIFER KROLL Attachments: Exhibit A BY PRESIDENT LARSON (COMMITTEE OF THE WHOLE) 10. 15-0764R RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 2015. Attachments: ElectionSummaryDocument COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 11. 15-0754R RESOLUTION AMENDING AGREEMENT 22084 WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR GRAND AVENUE CIMS ENHANCEMENTS BY $9,836. Attachments: 15-0754R Fee Estimate 15-0754R Letter 15-0754R Change Order 12. 15-0757R RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DULUTH AND EVER-GREEN ENERGY DULUTH, LLC MODIFYING THE TERMS FOR OPERATING AND MANAGING DULUTH STEAM DISTRICT NO. 1. Attachments: Exhibit A - 15-0757R (REPLACEMENT) BY COUNCILOR FOSLE (PUBLIC SAFETY) 13. 15-0660R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $176,006 GRANT AWARD FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO FUND A DWI POLICE OFFICER, VEHICLE, AND EQUIPMENT FOR ONE YEAR AND AUTHORIZING EXECUTION OF GRANT AGREEMENT. Attachments: Exhibit A City of Duluth Page 3 Printed on 11/9/2015 City Council Meeting Agenda - Final-revised November 9, 2015 14. 15-0760R RESOLUTION AUTHORIZING THE ACCEPTANCE OF REIMBURSEMENT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, IN AN AMOUNT NOT TO EXCEED $30,147 AND REIMBURSEMENT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN AN AMOUNT NOT TO EXCEED $47,932 FOR THE PURCHASE OF BALLISTIC VESTS. Attachments: Exhibit A BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 15. 15-0624R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE ACCESS FUND IN THE AMOUNT OF $4,000 ON BEHALF OF THE DULUTH CLIMBERS COALITION FOR LAND ACQUISITION FOR MULTI-USE PARK IN ABANDONED QUARRY. Attachments: EXHIBIT A-APPLICATION EXHIBIT B-AWARD LETTER & AGREEMENT 16. 15-0763R RESOLUTION OF SUPPORT TO COMMENCE DESIGN AND FUNDRAISING TO IMPROVE THE ELY PEAK SKI TRAIL LOOP IN MAGNEY SNIVELY PARK TO SUPPORT ENVIRONMENTALLY SUSTAINABLE EQUESTRIAN USE ON A SEASONAL BASIS. Attachments: EXHIBIT A - 15-0763R.pdf 17. 15-0765R RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY FROM ONEOTA CEMETERY ASSOCIATION FOR MULTI-USE PARK IN ABANDONED QUARRY. Attachments: Exhibit 1 Exhibit 2 18. 15-0767R RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH PARK HILL CEMETERY ASSOCIATION FOR THE USE OF PARK HILL PROPERTY FOR RECREATIONAL TRAIL PURPOSES. Attachments: Park Hill License Agreement (signed by Park Hill) 19. 15-0770R RESOLUTION ACCEPTING GIFTS FROM INDIVIDUALS, CIVIC GROUPS, CORPORATIONS AND OTHER GROUPS FOR IMPROVEMENTS TO THE CITY PARK KNOWN AS LINCOLN PARK AND ESTABLISHING A DEDICATED ACCOUNT TO RECEIVE THOSE GIFTS. City of Duluth Page 4 Printed on 11/9/2015 City Council Meeting Agenda - Final-revised November 9, 2015 20. 15-0778R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (“DEDA”) TO STORE CITY PLANTING CONTAINERS ON DEDA PROPERTY. Attachments: Attachment to 15-0778R END OF CONSENT AGENDA The following entitled resolution is also to be considered: COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 21. 15-0775R RESOLUTION AMENDING RESOLUTION 14-0599, ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2015, BE AMENDED BY ADDING AN ANNUAL LICENSE FEE FOR KEEPING SMALL FARM ANIMALS. INTRODUCTION AND CONSIDERATION OF ORDINANCES ORDINANCE TABLED COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 22. 15-086-O AN ORDINANCE AMENDING SECTIONS 50-20.3 COMMERCIAL USES, 50-20.5 ACCESSORY USES, AND 50-41 DEFINITIONS TO ALLOW FOR URBAN AGRICULTURE LAND USES. (Tabled 10/12) Legislative History 9/28/15 City Council read for the first time 10/12/15 City Council tabled Tabled 8-1 (Fosle) The following entitled ordinances are to be read for the first time: COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 5 Printed on 11/9/2015 City Council Meeting Agenda - Final-revised November 9, 2015 23. 15-092-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO R-2 AND MU-N, PROPERTY AT 1243 88th AVENUE WEST (SDH&M, LLC) Attachments: Map Staff Report Comments Received After Staff Report 24. 15-093-O AN ORDINANCE AMENDING CHAPTER 6, ARTICLE VII, OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO NONDOMESTIC ANIMALS. The following entitled ordinances are to be read for the second time: COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 25. 15-088-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH AS REFERENCED IN CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1, MU-B AND I-G TO R-2, PROPERTY AT VINTAGE ACRES MANUFACTURED HOUSING COMMUNITY AND ABUTTING PARCEL 010-2730-00267 (CITY OF DULUTH). Attachments: Attachment 1 Attachment 2 Legislative History 10/26/15 City Council read for the first time 26. 15-089-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR A FENCE AND PRIVATE PARKING SPACES IN THE PLATTED STREET RIGHT-OF-WAY OF MYGATT AVENUE AND A FENCE IN THE PLATTED STREET RIGHT-OF-WAY OF SILCOX AVENUE (MONTESSORI SCHOOL OF DULUTH, INC.). Attachments: Attachment 1 Attachment 2 Legislative History 10/26/15 City Council read for the first time City of Duluth Page 6 Printed on 11/9/2015 City Council Meeting Agenda - Final-revised November 9, 2015 27. 15-090-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO MU-I, PROPERTY AT 1215 RICE LAKE ROAD (THE MARSHALL SCHOOL). Attachments: Attachment 1 Attachment 2 Attachment 3 Legislative History 10/26/15 City Council read for the first time 28. 15-091-O AN ORDINANCE AMENDING SECTION 50-14.5 RESIDENTIAL-TRADITIONAL (R-1), AND 50-20.1 RESIDENTIAL USES, RELATED TO DESIGN STANDARDS FOR TOWNHOMES AND DUPLEXES. Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 (REPLACEMENT) Legislative History 10/26/15 City Council read for the first time COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 7 Printed on 11/9/2015